2018 -- S 2287

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LC003402

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AIRBAG REGULATION

     Introduced By: Senators Ruggerio, Lynch Prata, Coyne, Lombardi, and Pearson

     Date Introduced: February 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-53-3, 31-53-4 and 31-53-7 of the General Laws in Chapter 31-

53 entitled "The 2010 Automobile Airbag Fraud Prevention Act" are hereby amended to read as

follows:

     31-53-3. Definitions.

     As used in this chapter, the following words and phrases shall have the following

meanings unless the context clearly indicates otherwise:

     (1) "Airbag" means a motor vehicle inflatable occupant restraint system device that is

part of a supplemental restraint system any component of an inflatable occupant restraint system

that is designed in accordance with federal safety regulations for the make, model, and year of the

motor vehicle to be installed and to operate in a motor vehicle to activate, as specified by the

vehicle manufacturer, in the event of a crash. Airbag components include, but are not limited to,

sensors, controllers, wiring, and the airbag itself.

     (2) "Counterfeit supplemental restraint system component" means a replacement

supplemental restraint system component, including, but not limited to, an airbag that displays a

mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a

supplier of parts to the manufacturer of a motor vehicle without authorization from that

manufacturer or supplier, respectively.

     (2)(3) "Light manipulating system" means anything that would mask or cause the

inaccurate indication of the airbag system status, condition, or operability.

     (4) "Nonfunctional airbag" means a replacement airbag that meets any of the following

criteria:

     (i) The airbag was previously deployed or damaged;

     (ii) The airbag has an electric fault that is detected by the vehicle’s airbag diagnostic

systems when the installation procedure is completed and the vehicle is returned to the customer

who requested the work to be performed or when ownership is intended to be transferred;

     (iii) The airbag includes a part or object, including, but not limited to, a supplemental

restraint system component installed in a motor vehicle to mislead the owner or operator of the

motor vehicle into believing that a functional airbag has been installed; and

     (iv) The airbag is subject to the prohibitions of (42 U.S.C. § 30120 (j)).

     (3)(5) "Person" means any natural person, corporation, partnership, unincorporated

association, or other entity.

     (4)(6) "Salvaged airbag" means an original equipment manufacturer ("OEM") non-

deployed airbag that has been removed from a motor vehicle for use in another vehicle.

     (7) "Supplemental restraint system," commonly referred to as an "SRS," means a passive

inflatable motor vehicle occupant crash protection system designed for use in conjunction with

active restraint systems, as defined in (49 C.F.R. § 571.208) A supplemental restraint system

includes one or more airbags and all components required to ensure that an airbag works as

designed by the vehicle manufacturer, including both of the following:

     (i) The airbag operates as designed in the event of a crash; and

     (ii) The airbag is designed in accordance with federal motor vehicle safety standards for

the specific make, model, and year of the vehicle in which it is or will be installed.

     31-53-4. Installation or reinstallation of any false airbag; deceptive trade practices;

criminal liability.

     (a) It is a deceptive trade practice, in violation of chapter 6-13.1, "Deceptive Trade

Practices," whenever:

     (1) A person installs or reinstalls, as part of a vehicle inflatable occupant restraint system,

any object in lieu of an airbag, including a nonfunctional airbag, counterfeit supplemental

restraint system component, or any light manipulating system;

     (2) A person imports, manufacturers, sells or offers for sale any device with the intent

that such device will replace an airbag in any motor vehicle if such person knows or reasonably

should know that such device supplemental restraint system component or otherwise does not

meet federal safety requirements;

     (3) A person sells or offers for sale any device that when installed in any motor vehicle

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gives the impression that a viable airbag is installed in that vehicle, including any light

manipulating system; and/or

     (4) Any person intentionally misrepresents the presence of an airbag when one does not

exist.

     (b) Failure to comply with the provisions of this chapter shall constitute an unfair method

of competition and an unfair or deceptive act or practice under chapter 13.1 of this title, entitled

"Deceptive Trade Practices", and the penalties and remedies provided in that chapter shall apply

against any individual, corporation, or partnership violating any provision of this chapter.

     (c) Any person who violates this section is also guilty of a felony and, upon conviction

thereof, shall be punished by a fine of not less than one thousand dollars ($1,000) and not more

than two thousand dollars ($2,000) per violation, or imprisonment for a period of not more than

two (2) years, per violation, or both.

     (d) A person whose violation of subsection (a) of this section results in serious bodily

injury or death shall be imprisoned for a period of not more than ten (10) years or fined not more

than one hundred thousand dollars ($100,000), or both, per violation.

     31-53-7. Sale or trade of motor vehicle with an inoperable airbag.

     (a) Any person selling or trading a motor vehicle who has actual knowledge that the

motor vehicle's vehicle has a nonfunctional airbag or counterfeit supplemental restraint system

component installed or that an airbag is otherwise inoperable shall notify the buyer or the person

acquiring the trade, in writing, that the airbag is inoperable of that defect.

     (b) A person who violates subsection (a) of this section commits both a deceptive trade

practice and a felony, and shall be subject to the to the penalties set forth in chapter 6-13.1 for the

deceptive trade practice, and also subject to the penalties set forth in subsection 31-53-4(c) and/or

(d), as appropriate.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AIRBAG REGULATION

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     This act would comprehensively expand the registration of motor vehicle airbags to

prohibit the manufacture and importation of substandard airbags and broaden the definition of

airbags.

     This act would take effect upon passage.

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